Nishkarsh Kadere vs The State Of Madhya Pradesh
2022 Latest Caselaw 1517 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC-3394-2022.
               Nishkarsh Kadere Vs. State of M.P.

                      Through video conferencing

Gwalior, Dated: 02.02.2022

       Shri Mehmood Khan, Counsel for the applicant.

       Shri Rajeev Upadhyay, Counsel for the State.

       Case diary is available.

       This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

       The applicant has been arrested on 14.09.2021 in connection

with Crime No.474/2021 registered at Police Station Jhansi Road

Distt. Gwalior for offence under Section 392 of IPC and under

Sections 11/13 of MPDVPK Act.

       It is submitted by the counsel for the applicant that applicant is

in jail from 14.09.2021. The allegations are that he snatched gold

mangalsutra from the neck of the complainant. He is in jail for more

than four months. In view of criminal antecedents, he is ready and

willing to abide by any stringent condition which may be imposed by

this Court. The Trial is likely to take sufficiently long time and there

is no possibility of his absconding or tampering with the prosecution

case. Co-accused Aniket Rawat has been granted bail by order dated

05.01.2022

passed in M.Cr.C. No. 61717/2021.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant has a criminal

THE HIGH COURT OF MADHYA PRADESH MCRC-3394-2022.

Nishkarsh Kadere Vs. State of M.P.

history and nine more criminal cases have been registered against the

applicant at Police Stations Vishvidhyalaya, Inderganj, Kampu and

Jhansi Road.

Considering the facts and circumstances of the case and

without commenting on the merits of the case, the application is

allowed. It is directed that the applicant shall be released on bail on

furnishing cash surety of Rs.2,00,000/- (Rupees Two Lacs only) or

in the alternative on depositing his original title-deed(s) [not Rin

Pustika] of the immovable property worth of more than the said

amount, as directed by the Supreme Court in the case of Sharo @

Shahrukh Vs. The State of MP by order dated 06.09.2021 passed

in SLP (Cri) No. 6321/2021 to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court. If the title deeds are deposited, then the same

shall not be returned unless the cash surety amount is deposited.

THE HIGH COURT OF MADHYA PRADESH MCRC-3394-2022.

Nishkarsh Kadere Vs. State of M.P.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Jhansi Road, District Gwalior on 1st of

every month during the pendency of the Trial. In case of bail jump

or non-appearance of the applicant before the police station as

directed by this Court, this order shall lose its effect.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.02.03 10:32:53 +05'30'